International Affairs; Antarctic Marine Living Resources Convention Act, 29043-29047 [2023-09214]
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Federal Register / Vol. 88, No. 87 / Friday, May 5, 2023 / Proposed Rules
F. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rules
52. None.
National Oceanic and Atmospheric
Administration
III. Procedural Matters
50 CFR Part 300
53. Initial Regulatory Flexibility
Analysis. As required by the Regulatory
Flexibility Act of 1980 (RFA), the
Commission has prepared an Initial
Regulatory Flexibility Analysis (IRFA)
of the possible significant economic
impact on small entities of the policies
and rules addressed in this FNPRM. The
IRFA is set forth above. Written public
comments are requested on the IRFA.
Comments must be filed by the
deadlines for comments on the FNPRM
indicated on the first page of this
document and must have a separate and
distinct heading designating them as
responses to the IRFA. The
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, will send a copy of
this FNPRM, including the IRFA, to the
Chief Counsel for Advocacy of the SBA.
54. Paperwork Reduction Act. The
FPRM may contain proposed new and
revised information collection
requirements. The Commission, as part
of its continuing effort to reduce
paperwork burdens, invites the general
public and OMB to comment on the
information collection requirements
contained in this document, as required
by the Paperwork Reduction Act of
1995, Public Law 104–13. In addition,
pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C 3506(c)(4),
the Commission seeks specific comment
on how we might further reduce the
information collection burden for small
business concerns with fewer than 25
employees.
[Docket No. 230418–0104]
IV. Ordering Clauses
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DEPARTMENT OF COMMERCE
55. Accordingly, it is ordered that,
pursuant to sections 4(i), 4(j), 201, 202,
217, 227, 227b, 251(e), and 303(r) of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 154(j), 201,
202, 217, 227, 227b, 251(e), and 303(r),
this FNPRM is adopted.
56. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this FNPRM, including the IRFA
analysis, to the Chief Counsel for
Advocacy of the SBA.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2023–09543 Filed 5–4–23; 8:45 am]
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International Affairs; Antarctic Marine
Living Resources Convention Act
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule.
AGENCY:
NMFS proposes to revise its
Antarctic Marine Living Resources
Convention Act regulations, including
those that implement the trademonitoring program for frozen and fresh
Dissostichus species, commonly
marketed or referred to as Chilean
seabass or Patagonian toothfish.
Specifically, this action would: revise
regulations that specify the
circumstances under which NMFS
would deny issuance of a preapproval
certificate that is required to legally
import frozen Dissostichus species; add
regulations that specify the
circumstances under which NMFS
would deny issuance of a re-export or
export document that is required to
legally re-export or export both frozen
and fresh Dissostichus species; clarify
that the applicable authorization must
be received prior to re-export or export;
and remove the prohibition on the
importation of toothfish harvested from
the Food and Agriculture Organization
of the United Nations (FAO) Statistical
Areas 51 and 57. NMFS also proposes
other non-substantive technical and
procedural updates.
DATES: Written comments must be
received by June 5, 2023.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2023–0022, by any of the
following methods:
Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2023–0022 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
Mail: Submit written comments to Mi
Ae Kim, Office of International Affairs,
Trade, and Commerce, National Marine
Fisheries Service, 1315 East-West
Highway (F/IS5), Silver Spring, MD
20910.
SUMMARY:
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Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on https://www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT: Mi
Ae Kim, Office of International Affairs,
Trade, and Commerce, NMFS (phone
301–427–8365, or email mi.ae.kim@
noaa.gov).
SUPPLEMENTARY INFORMATION:
Background
The United States is a contracting
party to the Convention on the
Conservation of Antarctic Marine Living
Resources (Convention) and a member
of the governing body established under
the Convention—the Commission for
the Conservation of Antarctic Marine
Living Resources (CCAMLR or
Commission). During its annual
meetings, the Commission formulates
and adopts conservation measures
(CMs) that apply to fishing for Antarctic
marine living resources in the
Convention Area, which generally
consists of the Southern Ocean. The
Antarctic Marine Living Resources
Convention Act of 1984 (AMLRCA),
codified at 16 U.S.C. 2431, et seq.,
provides the statutory authority for the
United States to carry out its obligations
under the Convention. Under section
307(b)(1) of AMLRCA, 16 U.S.C.
2436(b), the Secretary of Commerce has
authority to promulgate regulations as
necessary and appropriate to implement
the Act. Acting under a delegation of
that authority, the Assistant
Administrator for Fisheries has
implemented Commission-adopted
conservation measures that are binding
on the United States through regulations
at 50 CFR part 300, subpart G.
To inhibit trade of illegal catches,
CCAMLR adopted Conservation
Measure 10–05, which established an
electronic Catch Documentation Scheme
(CDS) for tracking of Dissostichus
species from harvest through the trade
cycle, including transshipment, landing,
import, export, and re-export, regardless
of where the fish were harvested. Under
the regulations at 50 CFR part 300,
subpart G, the Assistant Administrator
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has implemented the CCAMLR CDS,
among other U.S. requirements, as a part
of U.S. monitoring of trade in Antarctic
marine living resources. Those
regulations require a preapproval
certificate for importation of frozen
Dissostichus species, 50 CFR 300.105(a),
and, for re-export or export of frozen or
fresh product, an electronicallygenerated Dissostichus re-export
document (DRED), 300.106(f)(1)(ii) or
export document (DED),
300.106(g)(1)(ii). As explained in more
detail below, this proposed rule would
revise regulations at section 300.105
that apply to issuance of preapproval
certificates required for importation of
frozen Dissostichus species, add new
regulations to section 300.106 that
would apply to issuance of DREDs or
DEDs, and make corresponding changes
to the prohibitions under section
300.114.
In addition, NMFS proposes to clarify
that a person must receive the
electronically-generated DRED or DED
required for re-export or export of
Dissostichus species before re-exporting
or exporting any shipments.
Lastly, NMFS proposes to update
references to the Antarctic Conservation
Act (16 U.S.C. 2401, et seq., as
amended) and associated regional
agreements, and update contact
information at NMFS and the
Department of State for reporting
violations of conservation measures
adopted by CCAMLR.
These proposed regulatory revisions
are further explained below.
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Required Import and Trade
Authorizations for Dissostichus Species
and Prohibitions
1. Revisions To Prevent Issuance of
Documents Authorizing Import, ReExport, or Export of Illegally-Harvested
Dissostichus Species
U.S. regulations provide that: ‘‘No
shipment of Dissostichus species shall
be released for entry into the United
States unless accompanied by an
accurate, complete, valid and validated
CCAMLR CDS document.’’ 50 CFR
300.106(a)(2). This applies to all
shipments, whether or not the subject
Dissostichus species were harvested
within or outside of the CCAMLR
Convention Area and regardless of
whether the respective harvesting vessel
is flagged to a CCAMLR contracting
party or a non-contracting party
cooperating with CCAMLR by
participating in the CDS. See 50 CFR
300.106(a)(1). Regulations that apply to
issuance of preapproval certificates for
importation of frozen Dissostichus
species at 300.105(h) provide the
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circumstances when NMFS will not
issue a preapproval certificate. These
include any shipment of Dissostichus
species determined to have been
harvested or transshipped in
contravention of any CCAMLR
Conservation Measure in force at the
time of the harvest or transshipment; or
harvested or transshipped by a vessel
identified by CCAMLR as having
engaged in illegal, unreported and
unregulated (IUU) fishing. However, the
current regulations do not provide that
NMFS will deny a preapproval
certificate for Dissostichus species
illegally harvested or transshipped
outside the Convention Area, including
within foreign exclusive economic
zones or high seas areas under the
competence of a regional fisheries
management organization, despite the
fact that such imports would be
prohibited under other existing federal
law (e.g., Section 307(1)(Q) of
Magnuson-Stevens Fishery
Conservation and Management Act,
Lacey Act, 16 U.S.C. 3372(a)). To
address this inconsistency, and to avoid
a possible scenario where a preapproval
certificate is issued for product
determined to be subject to enforcement
action, NMFS proposes to include
additional bases for denial in 50 CFR
300.105(h).
Section 307(1)(Q) of the MagnusonStevens Act prohibits, among other
things, imports or exports of any fish
‘‘taken, possessed, transported, or sold
in violation of any foreign law or
regulation or any treaty or in
contravention of any binding
conservation measure adopted by an
international agreement or organization
to which the United States is a party.’’
16 U.S.C. 1857(1)(Q). Consistent with
that provision, this proposed rule would
revise 50 CFR 300.105(h) to provide that
NMFS will not issue a preapproval
certificate for any shipment of frozen
Dissostichus species determined to have
been taken, possessed, transported or
sold in violation of:
• any foreign law or regulation; or
• any treaty within the meaning of
section 2 of article II of the U.S.
Constitution.
In addition, NMFS proposes that it
will not issue a preapproval certificate
for any shipment of frozen Dissostichus
species determined to have been taken,
possessed, transported or sold in
contravention of any binding
conservation measure adopted by an
international agreement or organization
to which the United States is a party.
NMFS has also noted a gap in the
current regulations that apply to
issuance of DREDs and DEDs for reexport or export of Dissostichus species.
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These regulations at sections
300.106(f)(1)(ii) and (g)(1)(ii) do not
explicitly provide that NMFS may deny
issuance of a DRED or DED when
Dissostichus species are harvested or
transshipped in contravention of a
CCAMLR conservation measure in force.
Under the conservation measure that
established the CCAMLR CDS, the
export and re-export of Dissostichus
species determined to have been
harvested in a manner inconsistent with
CCAMLR conservation measures is
prohibited. Thus, in order to implement
that requirement, NMFS is proposing to
revise 300.106(f) and (g) to provide that
a DRED or a DED will not be issued for
Dissostichus species that NMFS has
determined were harvested or
transshipped in contravention of a
CCAMLR Conservation Measure,
AMLRCA, or the regulations of this
subpart. In addition, NMFS proposes to
revise these paragraphs to include, as
relevant, the bases for denial of issuance
of a DRED or DED that are proposed to
be added to section 300.105(h)
(preapproval certificates) as discussed
above. As with preapproval certificates,
these bases for denial of a DRED or a
DED are necessary to avoid an
inconsistency where NMFS issues a reexport or export document for
Dissostichus species that is prohibited
from trade and that may be subject to an
enforcement action under other existing
Federal law (e.g., Section 307(1)(Q) of
Magnuson-Stevens Fishery
Conservation and Management Act,
Lacey Act, 16 U.S.C. 3372(a)).
NMFS also proposes to make
corresponding revisions to the
prohibitions under 50 CFR 300.114(o).
2. Removal of the Prohibition on
Imports of Toothfish From FAO
Statistical Areas 51 and 57
This action would remove the
prohibition on the importation of
toothfish harvested from FAO Statistical
Areas 51 and 57 in 50 CFR 300.105(h)(1)
and 300.114(o). NMFS believes removal
of this prohibition is appropriate
because the management, monitoring
and control of toothfish fishing in the
Southern and Indian Oceans has
improved. In 2003, to prevent the entry
of illegally-harvested toothfish into the
U.S. market, NMFS implemented an
import prohibition of those species
identified as originating from FAO
Statistical Areas 51 and 57. Information
available to NMFS at that time
suggested that catches attributed to
Areas 51 and 57 in CDS documents had
in fact been illegally harvested from the
Convention Area by unlicensed vessels.
Any catches of toothfish reported as
originating from Statistical Areas 51 and
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57 were deemed to be misrepresented
because fisheries surveys and
bathymetric data available at the time
suggested those areas had no fishable
concentrations of toothfish. In addition,
there was insufficient vessel monitoring
system (VMS) data from the vessels
operating in those areas to verify the
harvest location of catches reported as
originating from Statistical Areas 51 and
57.
Since 2003, CCAMLR has made a
number of improvements and
advancements that enable verification of
toothfish harvest locations reported in
CDS documents. Among these,
CCAMLR has strengthened VMS
requirements for vessels participating in
toothfish fisheries and processes are in
place to compare CDS data with
relevant catch data. In addition, since
2010, NMFS has, as a condition for
issuance of a preapproval certificate for
importation of frozen toothfish, required
verifiable documentation that a
harvesting vessel reported positions to
CCAMLR’s centralized VMS from portto-port in real-time regardless of harvest
location. 50 CFR 300.105(c).
In 2012, the Southern Indian Ocean
Fisheries Agreement (SIOFA) entered
into force. SIOFA manages bottomfishing activities in the Southern Indian
Ocean, including the high seas portions
of Statistical Areas 51 and 57. Vessels
operating in SIOFA-managed areas are
now harvesting toothfish in commercial
quantities under SIOFA-adopted catch
limits. In the last few years, toothfish
has been caught in Statistical Areas 51
and 57 by vessels of CCAMLR members,
who are also members of SIOFA, and
tracked as required through the CDS.
Thus, the bases for the prohibition on
imports from those areas (i.e., apparent
lack of fishable concentrations and
insufficient monitoring and reporting)
no longer appear to be concerns.
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Other Technical and Administrative
Changes
1. Online Application for a Preapproval
Certificate
The Office of International Affairs,
Trade, and Commerce has made the
application process for preapproval
certificates available online, including
the ability to access forms, submit
required information, and complete
payment through a web portal. This
process is in addition to options for
applying by mail or email using the
portable document format application
form. The online application decreased
the processing time for preapproval
certificates and serves to facilitate entry
processing for importers. Language in 50
CFR 300.105 would be updated to delete
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the requirement to provide information
‘‘in writing,’’ as well as note that
applications for a preapproval certificate
are available from NMFS instead of
NMFS Headquarters and the National
Seafood Inspection Laboratory.
Accordingly, the National Seafood
Inspection Laboratory would be
removed from the list of definitions in
50 CFR 300.101. These proposed
regulatory text changes do not affect the
previously approved public reporting
burden for this information collection.
2. Clarification on When a Person Must
Receive an Electronically-Generated
Dissostichus Re-Export Document
(DRED) or Export Document (DED)
Under 50 CFR 300.106(f)(1)(ii) and
(g)(1)(ii), a person must receive an
electronically-generated DRED or export
document DED in order to re-export or
export Dissostichus species from the
United States. While NMFS believed
that it is clear that a person must have
a DRED or DED before re-exporting or
exporting Dissostichus species, in order
to ensure that there is no confusion on
when a person must have a DRED or
DED to legally export or re-export
Dissostichus species, NMFS proposes to
revise 50 CFR 300.106(f)(1)(ii) and
(g)(1)(ii) to explicitly provide that a
person must receive the electronicallygenerated DRED or DED before
shipments of Dissostichus species are
re-exported or exported.
3. Updates To Reflect the Antarctic
Conservation Act, as Amended
Congress amended the Antarctic
Conservation Act of 1978 (ACA) to
implement the Protocol on
Environmental Protection to the
Antarctic Treaty (Protocol) and as part
of those amendments the statute was
renamed the ‘‘Antarctic Conservation
Act.’’ This proposed rule would update
50 CFR 300.101 to reflect that renaming.
50 CFR 300.102(b) would be revised to
replace the reference to Agreed
Measures for the Conservation of
Antarctic Fauna and Flora, which is no
longer in effect, with the Protocol.
Similarly, the reference to the Agreed
Measures would be removed from 50
CFR 300.113(c)(1). Also in 50 CFR
300.113(a)(2), the reference to the
Protocol would be removed because
there is no protected system under the
Protocol that would apply to CCAMLR
Ecosystem Monitoring Program (CEMP)
sites. A reference related to specially
protected areas regulated under the
ACA is also updated.
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4. Update to Contact Information for
Reporting Violations of CCAMLR
Conservation Measures
In 50 CFR 300.115, NMFS is
proposing amendments that would
update contact information for reporting
any violations of CCAMLR conservation
measures observed in the Convention
Area.
Classification
This proposed rule is published under
the authority of the Antarctic Marine
Living Resources Convention Act of
1984 (16 U.S.C. 2431 et seq.) and the
Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.). The NMFS
Assistant Administrator has determined
that this proposed action is consistent
with the provisions of these and other
applicable laws, subject to further
consideration after any relevant public
comment.
Executive Order 12866
This rule has been determined to be
not significant for purposes of Executive
Order 12866.
Regulatory Flexibility Act (RFA)
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this proposed rule, if adopted,
would not have a significant economic
impact on a substantial number of small
entities.
The proposed rule relates to trade of
toothfish: Antarctic and Patagonian
toothfish species (Dissostichus mawsoni
and D. eleginoides, respectively). There
are approximately 80 dealers who could
fall within the scope of NMFS’s
AMLRCA regulations. All U.S. dealers
are considered small entities under the
‘‘Small Business Size Regulations’’
established by the SBA under 13 CFR
121.201. Although all regulated entities
are considered small under the SBA size
standard, this rule is expected to have
no significant economic impact on these
regulated entities.
The proposed changes would amend
the circumstances when NMFS will
deny a preapproval certificate for
importation of frozen Dissostichus
species, to include the following
additional circumstances, consistent
with section 307(1)(Q) of the MagnusonStevens Fishery Conservation and
Management Act: determined to have
been taken, possessed, transported or
sold in violation of:
• any foreign law or regulation; or
• any treaty within the meaning of
section 2 of article II of the U.S.
Constitution.
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In addition, NMFS proposes that it
will not issue a preapproval certificate
for any shipment of frozen Dissostichus
species determined to have been taken,
possessed, transported or sold in
contravention of any binding
conservation measure adopted by an
international agreement or organization
to which the United States is a party.
These changes are not expected to
have any economic impacts on dealers
of Antarctic marine living resources
(AMLR) product. These additional
circumstances in which NMFS will
deny a preapproval certificate would
not require importers to change
anything they currently do to apply for
a preapproval certificate. Similarly, the
addition of the same criteria for denying
a DRED or DED is not expected to have
any economic impacts on dealers of
AMLR product and would not require
exporters to do anything differently
when re-exporting or exporting
toothfish species. By providing
additional circumstances in which
NMFS will deny a preapproval
certificate, DRED, or DED these
proposed amendments will ensure that
such documents are not issued for trade
that would be prohibited under other
existing federal law (e.g., Section
307(1)(Q) of Magnuson-Stevens Fishery
Conservation and Management Act,
Lacey Act, 16 U.S.C. 3372(a)). As this
proposed change does not affect
compliance costs or add any regulatory
burden, AMLR dealers would not incur
additional economic costs.
The proposed change to remove the
import prohibition of Dissostichus
species harvested in FAO Statistical
Areas 51 and 57 (in the Indian Ocean)
would allow AMLR dealers an
additional potential source of toothfish
for import into the United States.
Toothfish imports from these dealers
average 14 million kilograms per year
and are valued at $225 million per year.
Toothfish is considered a luxury
product due to its high market price
(according to the industry source Urner
Barry, the average market price for
processed toothfish has ranged from $18
to $20 per pound since 2019, with more
recent pricing on the upper end of that
scale). The increased sourcing options
for dealers of toothfish, in addition to
the existing available sources, expands
dealer access to product. This additional
source of product may increase options
for small entities to seek more
competitive prices and increase profits
from this high end product.
The other proposed changes in this
rule: clarifying that an electronicallygenerated DRED or DED must be
received before re-exporting or
exporting shipments of Dissostichus
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species; updating language by removing
‘‘in writing’’ in preapproval certificate
application provisions; updating
references to the Antarctic Conservation
Act (ACA); and revising contact
information are administrative in nature
and not expected to economically
impact dealers engaged in the import,
re-export, and export of toothfish. The
clarification of the requirement to
receive the DRED or DED prior to reexporting or exporting shipments of
toothfish would not impact dealers of
toothfish because this requirement
already exists and dealers already have
to comply with it. NMFS is clarifying
the requirement to prevent any possible
confusion. The remaining proposed
changes listed here would not affect
dealers of toothfish.
For the above reasons, this proposed
rule is not expected to have a significant
economic impact on a substantial
number of small entities. As a result, a
regulatory flexibility analysis was not
prepared.
Paperwork Reduction Act
This proposed rule contains no new
or revised collection-of-information
requirements subject to the Paperwork
Reduction Act. The proposed regulatory
text changes do not affect the previously
approved public reporting burden for
this information collection.
List of Subjects in 50 CFR Part 300
Antarctica, Antarctic marine living
resources, Catch documentation
scheme, Fisheries, Fishing,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: April 26, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS proposes to amend 50
CFR part 300 as follows:
PART 300—INTERNATIONAL
FISHERIES REGULATIONS
Subpart G—Antarctic Marine Living
Resources
1. The authority citation for part 300,
subpart G is revised to read as follows:
■
Authority: 16 U.S.C. 2431 et seq., 31 U.S.C.
9701 et seq., 16 U.S.C. 1801 et seq.
2. Amend § 300.101 by removing the
definition for National Seafood
Inspection Laboratory and revising the
definition for ACA to read as follows:
■
§ 300.101
*
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Definitions.
*
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*
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*
Sfmt 4702
ACA means the Antarctic
Conservation Act, 16 U.S.C. 2401, et
seq., as amended.
*
*
*
*
*
■ 3. Revise § 300.102 (b) to read as
follows:
§ 300.102 Relationship to other treaties,
conventions, laws, and regulations.
*
*
*
*
*
(b) The ACA implements the Protocol
on Environmental Protection to the
Antarctic Treaty. The ACA and its
implementing regulations (including,
but not limited to, 45 CFR part 670)
apply to certain defined activities of
U.S. citizens south of 60° S lat.
*
*
*
*
*
■ 4. Amend § 300.105 by revising
paragraphs (b), (g)(1) and (2), and (h) to
read as follows:
§ 300.105 Preapproval for importation of
frozen Dissostichus species.
*
*
*
*
*
(b) Application. Applications for a
preapproval certificate are available
from NMFS. With the exception of the
U.S. Customs 7501 entry number, a
complete and accurate application must
be received by NMFS for each
preapproval certificate at least 10
working days before the anticipated date
of the importation. Dealers must supply
the U.S. Customs 7501 entry number at
least three working days prior to the
expected arrival of a shipment of frozen
Dissostichus species at a U.S. port.
*
*
*
*
*
(g) * * *
(1) For pending preapproval
certificates, applicants must report to
NMFS any changes in the information
submitted in their preapproval
certificate applications. NMFS may
extend the processing period for the
application as necessary to review and
consider any changes.
(2) For issued preapproval certificates,
the certificate holder must report to
NMFS any changes to information
included in the preapproval certificate
application. Any changes related to fish
being imported, such as harvesting
vessel or country of origin, type and
quantity of the fish to be imported, or
statistical subarea from which the
resource was harvested, will void the
preapproval certificate and the
shipment may not be imported unless
authorized by NMFS through issuance
of a revised or new preapproval
certificate.
*
*
*
*
*
(h) * * *
(1) Determined to have been harvested
or transshipped in contravention of any
CCAMLR Conservation Measure in force
at the time of harvest or transshipment;
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Federal Register / Vol. 88, No. 87 / Friday, May 5, 2023 / Proposed Rules
(2) Determined to have been taken,
possessed, transported, or sold in
violation of any foreign law or
regulation or international agreement
which is a treaty within the meaning of
section II of article II of the U.S.
Constitution;
(3) Determined to have been taken,
possessed, transported or sold in
contravention of any binding
conservation measure adopted by an
international agreement or organization
to which the United States is a party;
(4) Determined to have been harvested
or transshipped by a vessel identified by
CCAMLR as having engaged in illegal,
unreported and unregulated (IUU)
fishing; or
(5) Accompanied by inaccurate,
incomplete, invalid, or improperly
validated CDS documentation or by a
SVDCD.
■ 5. In § 300.106, revise paragraph
(f)(1)(ii), add paragraph (f)(3), revise
paragraph (g)(1)(ii), and add paragraph
(g)(3). The revisions and additions read
as follows:
§ 300.106 Catch Documentation Scheme
(CDS): Documentation and other
requirements.
lotter on DSK11XQN23PROD with PROPOSALS1
*
*
*
*
*
(f) * * *
(1) * * *
(ii) Obtain validation by a responsible
official(s) designated by NMFS and
receive an electronically-generated
DRED before re-exporting shipments of
Dissostichus species.
*
*
*
*
*
(3) A DRED will not be issued for any
shipment of Dissostichus species:
(i) Determined to have been harvested
or transshipped in contravention of any
CCAMLR Conservation Measure in force
at the time of harvest or transshipment;
(ii) Determined to have been taken,
possessed, transported, or sold in
violation of any foreign law or
regulation or international agreement
which is a treaty within the meaning of
section II of article II of the U.S.
Constitution;
(iii) Determined to have been taken,
possessed, transported or sold in
contravention of any binding
conservation measure adopted by an
international agreement or organization
to which the United States is a party;
(iv) Determined to have been
harvested or transshipped by a vessel
identified by CCAMLR as having
engaged in illegal, unreported and
unregulated (IUU) fishing;
(v) Accompanied by inaccurate,
incomplete, invalid, or improperly
validated CDS documentation; or
(vi) Imported in violation of AMLRCA
or this subpart.
VerDate Sep<11>2014
17:36 May 04, 2023
Jkt 259001
(g) * * *
(1) * * *
(ii) Obtain validation by a responsible
official(s) designated by NMFS and
receive an electronically-generated DED
before exporting shipments of
Dissostichus species.
*
*
*
*
*
(3) A DED will not be issued for any
shipment of Dissostichus species:
(i) Determined to have been harvested
or transshipped in contravention of a
CCAMLR Conservation Measure,
AMLRCA, or this subpart;
(ii) Determined to have been taken,
possessed, transported or sold in
violation of any foreign law or
regulation or international agreement
which is a treaty within the meaning of
section II of article II of the U.S.
Constitution;
(iii) Determined to have been taken,
possessed, transported or sold in
contravention of any binding
conservation measure adopted by an
international agreement or organization
to which the United States is a party;
(iv) Determined to have been
harvested or transshipped by a vessel
identified by CCAMLR as having
engaged in illegal, unreported and
unregulated (IUU) fishing; or
(v) Accompanied by inaccurate,
incomplete, invalid, or improperly
validated CDS documentation.
*
*
*
*
*
■ 6. In § 300.113, revise paragraphs
(a)(2), (c)(1), and (l) to read as follows:
§ 300.113 CCAMLR Ecosystem Monitoring
Program sites.
(a) * * *
(2) If a CEMP site is also an area
specially protected under the Antarctic
Treaty (such as the sites listed in 45 CFR
670.29(a)), an applicant seeking to enter
such site must apply to the Director of
the NSF for a permit under applicable
provisions of the ACA or any
superseding legislation. The permit
granted by NSF shall constitute a joint
CEMP/ACA Protected Site permit and
any person holding such a permit must
comply with the appropriate CEMP site
management plan. In all other cases, an
applicant seeking a permit to enter a
CEMP site must apply to the Assistant
Administrator for a CEMP permit in
accordance with the provisions of this
section.
*
*
*
*
*
(c) * * *
(1) The Antarctic Treaty as
implemented by the ACA and any
superseding legislation. (Persons
interested in conducting activities
subject to the Antarctic Treaty should
PO 00000
Frm 00045
Fmt 4702
Sfmt 9990
29047
contact the Office of Polar Programs,
NSF).
*
*
*
*
*
(l) Protected areas. Specially
protected areas designated under the
Antarctic Treaty and regulated under
the ACA are listed at 45 CFR 670.29(a).
See also: https://www.ats.aq/e/
protected.html.
■ 7. Amend § 300.114 by revising
paragraph (o) to read as follows:
§ 300.114
Prohibitions.
*
*
*
*
*
(o) Import, export or re-export
Dissostichus spp. that were:
(1) Harvested or transshipped in
contravention of a CCAMLR
Conservation Measure, AMLRCA, or
this subpart;
(2) Taken, possessed, transported or
sold in violation of:
(i) Any foreign law or regulation or
(ii) Any international agreement
which is a treaty within the meaning of
section II of article II of the Constitution;
(3) Taken, possessed, transported or
sold in contravention of any binding
conservation measure adopted by an
international agreement or organization
to which the United States is a party;
(4) Harvested or transshipped by a
vessel identified by CCAMLR as having
engaged in illegal, unreported and
unregulated (IUU) fishing, or
(5) Unaccompanied by CDS
documentation, accompanied by
inaccurate, incomplete, invalid, or
improperly validated CDS
documentation or accompanied by a
SVDCD.
*
*
*
*
*
■ 8. In § 300.115, revise paragraph (b) to
read as follows:
§ 300.115 Facilitation of enforcement and
inspection.
*
*
*
*
*
(b) Reports by non-inspectors. All
scientists, fishermen, and other noninspectors present in the Convention
Area and subject to the jurisdiction of
the United States are encouraged to
report any violation of CCAMLR
conservation measures observed in the
Convention Area to the Office of Ocean
and Polar Affairs (CCAMLR Violations),
Department of State, Room 2665,
Washington, DC 20520, antarctica@
state.gov, and the NMFS Office of
International Affairs, Trade, and
Commerce, https://
www.fisheries.noaa.gov/about/officeinternational-affairs-trade-andcommerce.
*
*
*
*
*
[FR Doc. 2023–09214 Filed 5–4–23; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\05MYP1.SGM
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Agencies
[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Proposed Rules]
[Pages 29043-29047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09214]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 230418-0104]
RIN 0648-BJ85
International Affairs; Antarctic Marine Living Resources
Convention Act
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to revise its Antarctic Marine Living Resources
Convention Act regulations, including those that implement the trade-
monitoring program for frozen and fresh Dissostichus species, commonly
marketed or referred to as Chilean seabass or Patagonian toothfish.
Specifically, this action would: revise regulations that specify the
circumstances under which NMFS would deny issuance of a preapproval
certificate that is required to legally import frozen Dissostichus
species; add regulations that specify the circumstances under which
NMFS would deny issuance of a re-export or export document that is
required to legally re-export or export both frozen and fresh
Dissostichus species; clarify that the applicable authorization must be
received prior to re-export or export; and remove the prohibition on
the importation of toothfish harvested from the Food and Agriculture
Organization of the United Nations (FAO) Statistical Areas 51 and 57.
NMFS also proposes other non-substantive technical and procedural
updates.
DATES: Written comments must be received by June 5, 2023.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2023-0022, by any of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and
enter NOAA-NMFS-2023-0022 in the Search box. Click on the ``Comment''
icon, complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Mi Ae Kim, Office of International
Affairs, Trade, and Commerce, National Marine Fisheries Service, 1315
East-West Highway (F/IS5), Silver Spring, MD 20910.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
https://www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Mi Ae Kim, Office of International
Affairs, Trade, and Commerce, NMFS (phone 301-427-8365, or email
[email protected]).
SUPPLEMENTARY INFORMATION:
Background
The United States is a contracting party to the Convention on the
Conservation of Antarctic Marine Living Resources (Convention) and a
member of the governing body established under the Convention--the
Commission for the Conservation of Antarctic Marine Living Resources
(CCAMLR or Commission). During its annual meetings, the Commission
formulates and adopts conservation measures (CMs) that apply to fishing
for Antarctic marine living resources in the Convention Area, which
generally consists of the Southern Ocean. The Antarctic Marine Living
Resources Convention Act of 1984 (AMLRCA), codified at 16 U.S.C. 2431,
et seq., provides the statutory authority for the United States to
carry out its obligations under the Convention. Under section 307(b)(1)
of AMLRCA, 16 U.S.C. 2436(b), the Secretary of Commerce has authority
to promulgate regulations as necessary and appropriate to implement the
Act. Acting under a delegation of that authority, the Assistant
Administrator for Fisheries has implemented Commission-adopted
conservation measures that are binding on the United States through
regulations at 50 CFR part 300, subpart G.
To inhibit trade of illegal catches, CCAMLR adopted Conservation
Measure 10-05, which established an electronic Catch Documentation
Scheme (CDS) for tracking of Dissostichus species from harvest through
the trade cycle, including transshipment, landing, import, export, and
re-export, regardless of where the fish were harvested. Under the
regulations at 50 CFR part 300, subpart G, the Assistant Administrator
[[Page 29044]]
has implemented the CCAMLR CDS, among other U.S. requirements, as a
part of U.S. monitoring of trade in Antarctic marine living resources.
Those regulations require a preapproval certificate for importation of
frozen Dissostichus species, 50 CFR 300.105(a), and, for re-export or
export of frozen or fresh product, an electronically-generated
Dissostichus re-export document (DRED), 300.106(f)(1)(ii) or export
document (DED), 300.106(g)(1)(ii). As explained in more detail below,
this proposed rule would revise regulations at section 300.105 that
apply to issuance of preapproval certificates required for importation
of frozen Dissostichus species, add new regulations to section 300.106
that would apply to issuance of DREDs or DEDs, and make corresponding
changes to the prohibitions under section 300.114.
In addition, NMFS proposes to clarify that a person must receive
the electronically-generated DRED or DED required for re-export or
export of Dissostichus species before re-exporting or exporting any
shipments.
Lastly, NMFS proposes to update references to the Antarctic
Conservation Act (16 U.S.C. 2401, et seq., as amended) and associated
regional agreements, and update contact information at NMFS and the
Department of State for reporting violations of conservation measures
adopted by CCAMLR.
These proposed regulatory revisions are further explained below.
Required Import and Trade Authorizations for Dissostichus Species and
Prohibitions
1. Revisions To Prevent Issuance of Documents Authorizing Import, Re-
Export, or Export of Illegally-Harvested Dissostichus Species
U.S. regulations provide that: ``No shipment of Dissostichus
species shall be released for entry into the United States unless
accompanied by an accurate, complete, valid and validated CCAMLR CDS
document.'' 50 CFR 300.106(a)(2). This applies to all shipments,
whether or not the subject Dissostichus species were harvested within
or outside of the CCAMLR Convention Area and regardless of whether the
respective harvesting vessel is flagged to a CCAMLR contracting party
or a non-contracting party cooperating with CCAMLR by participating in
the CDS. See 50 CFR 300.106(a)(1). Regulations that apply to issuance
of preapproval certificates for importation of frozen Dissostichus
species at 300.105(h) provide the circumstances when NMFS will not
issue a preapproval certificate. These include any shipment of
Dissostichus species determined to have been harvested or transshipped
in contravention of any CCAMLR Conservation Measure in force at the
time of the harvest or transshipment; or harvested or transshipped by a
vessel identified by CCAMLR as having engaged in illegal, unreported
and unregulated (IUU) fishing. However, the current regulations do not
provide that NMFS will deny a preapproval certificate for Dissostichus
species illegally harvested or transshipped outside the Convention
Area, including within foreign exclusive economic zones or high seas
areas under the competence of a regional fisheries management
organization, despite the fact that such imports would be prohibited
under other existing federal law (e.g., Section 307(1)(Q) of Magnuson-
Stevens Fishery Conservation and Management Act, Lacey Act, 16 U.S.C.
3372(a)). To address this inconsistency, and to avoid a possible
scenario where a preapproval certificate is issued for product
determined to be subject to enforcement action, NMFS proposes to
include additional bases for denial in 50 CFR 300.105(h).
Section 307(1)(Q) of the Magnuson-Stevens Act prohibits, among
other things, imports or exports of any fish ``taken, possessed,
transported, or sold in violation of any foreign law or regulation or
any treaty or in contravention of any binding conservation measure
adopted by an international agreement or organization to which the
United States is a party.'' 16 U.S.C. 1857(1)(Q). Consistent with that
provision, this proposed rule would revise 50 CFR 300.105(h) to provide
that NMFS will not issue a preapproval certificate for any shipment of
frozen Dissostichus species determined to have been taken, possessed,
transported or sold in violation of:
any foreign law or regulation; or
any treaty within the meaning of section 2 of article II
of the U.S. Constitution.
In addition, NMFS proposes that it will not issue a preapproval
certificate for any shipment of frozen Dissostichus species determined
to have been taken, possessed, transported or sold in contravention of
any binding conservation measure adopted by an international agreement
or organization to which the United States is a party.
NMFS has also noted a gap in the current regulations that apply to
issuance of DREDs and DEDs for re-export or export of Dissostichus
species. These regulations at sections 300.106(f)(1)(ii) and (g)(1)(ii)
do not explicitly provide that NMFS may deny issuance of a DRED or DED
when Dissostichus species are harvested or transshipped in
contravention of a CCAMLR conservation measure in force. Under the
conservation measure that established the CCAMLR CDS, the export and
re-export of Dissostichus species determined to have been harvested in
a manner inconsistent with CCAMLR conservation measures is prohibited.
Thus, in order to implement that requirement, NMFS is proposing to
revise 300.106(f) and (g) to provide that a DRED or a DED will not be
issued for Dissostichus species that NMFS has determined were harvested
or transshipped in contravention of a CCAMLR Conservation Measure,
AMLRCA, or the regulations of this subpart. In addition, NMFS proposes
to revise these paragraphs to include, as relevant, the bases for
denial of issuance of a DRED or DED that are proposed to be added to
section 300.105(h) (preapproval certificates) as discussed above. As
with preapproval certificates, these bases for denial of a DRED or a
DED are necessary to avoid an inconsistency where NMFS issues a re-
export or export document for Dissostichus species that is prohibited
from trade and that may be subject to an enforcement action under other
existing Federal law (e.g., Section 307(1)(Q) of Magnuson-Stevens
Fishery Conservation and Management Act, Lacey Act, 16 U.S.C. 3372(a)).
NMFS also proposes to make corresponding revisions to the
prohibitions under 50 CFR 300.114(o).
2. Removal of the Prohibition on Imports of Toothfish From FAO
Statistical Areas 51 and 57
This action would remove the prohibition on the importation of
toothfish harvested from FAO Statistical Areas 51 and 57 in 50 CFR
300.105(h)(1) and 300.114(o). NMFS believes removal of this prohibition
is appropriate because the management, monitoring and control of
toothfish fishing in the Southern and Indian Oceans has improved. In
2003, to prevent the entry of illegally-harvested toothfish into the
U.S. market, NMFS implemented an import prohibition of those species
identified as originating from FAO Statistical Areas 51 and 57.
Information available to NMFS at that time suggested that catches
attributed to Areas 51 and 57 in CDS documents had in fact been
illegally harvested from the Convention Area by unlicensed vessels. Any
catches of toothfish reported as originating from Statistical Areas 51
and
[[Page 29045]]
57 were deemed to be misrepresented because fisheries surveys and
bathymetric data available at the time suggested those areas had no
fishable concentrations of toothfish. In addition, there was
insufficient vessel monitoring system (VMS) data from the vessels
operating in those areas to verify the harvest location of catches
reported as originating from Statistical Areas 51 and 57.
Since 2003, CCAMLR has made a number of improvements and
advancements that enable verification of toothfish harvest locations
reported in CDS documents. Among these, CCAMLR has strengthened VMS
requirements for vessels participating in toothfish fisheries and
processes are in place to compare CDS data with relevant catch data. In
addition, since 2010, NMFS has, as a condition for issuance of a
preapproval certificate for importation of frozen toothfish, required
verifiable documentation that a harvesting vessel reported positions to
CCAMLR's centralized VMS from port-to-port in real-time regardless of
harvest location. 50 CFR 300.105(c).
In 2012, the Southern Indian Ocean Fisheries Agreement (SIOFA)
entered into force. SIOFA manages bottom-fishing activities in the
Southern Indian Ocean, including the high seas portions of Statistical
Areas 51 and 57. Vessels operating in SIOFA-managed areas are now
harvesting toothfish in commercial quantities under SIOFA-adopted catch
limits. In the last few years, toothfish has been caught in Statistical
Areas 51 and 57 by vessels of CCAMLR members, who are also members of
SIOFA, and tracked as required through the CDS. Thus, the bases for the
prohibition on imports from those areas (i.e., apparent lack of
fishable concentrations and insufficient monitoring and reporting) no
longer appear to be concerns.
Other Technical and Administrative Changes
1. Online Application for a Preapproval Certificate
The Office of International Affairs, Trade, and Commerce has made
the application process for preapproval certificates available online,
including the ability to access forms, submit required information, and
complete payment through a web portal. This process is in addition to
options for applying by mail or email using the portable document
format application form. The online application decreased the
processing time for preapproval certificates and serves to facilitate
entry processing for importers. Language in 50 CFR 300.105 would be
updated to delete the requirement to provide information ``in
writing,'' as well as note that applications for a preapproval
certificate are available from NMFS instead of NMFS Headquarters and
the National Seafood Inspection Laboratory. Accordingly, the National
Seafood Inspection Laboratory would be removed from the list of
definitions in 50 CFR 300.101. These proposed regulatory text changes
do not affect the previously approved public reporting burden for this
information collection.
2. Clarification on When a Person Must Receive an Electronically-
Generated Dissostichus Re-Export Document (DRED) or Export Document
(DED)
Under 50 CFR 300.106(f)(1)(ii) and (g)(1)(ii), a person must
receive an electronically-generated DRED or export document DED in
order to re-export or export Dissostichus species from the United
States. While NMFS believed that it is clear that a person must have a
DRED or DED before re-exporting or exporting Dissostichus species, in
order to ensure that there is no confusion on when a person must have a
DRED or DED to legally export or re-export Dissostichus species, NMFS
proposes to revise 50 CFR 300.106(f)(1)(ii) and (g)(1)(ii) to
explicitly provide that a person must receive the electronically-
generated DRED or DED before shipments of Dissostichus species are re-
exported or exported.
3. Updates To Reflect the Antarctic Conservation Act, as Amended
Congress amended the Antarctic Conservation Act of 1978 (ACA) to
implement the Protocol on Environmental Protection to the Antarctic
Treaty (Protocol) and as part of those amendments the statute was
renamed the ``Antarctic Conservation Act.'' This proposed rule would
update 50 CFR 300.101 to reflect that renaming. 50 CFR 300.102(b) would
be revised to replace the reference to Agreed Measures for the
Conservation of Antarctic Fauna and Flora, which is no longer in
effect, with the Protocol. Similarly, the reference to the Agreed
Measures would be removed from 50 CFR 300.113(c)(1). Also in 50 CFR
300.113(a)(2), the reference to the Protocol would be removed because
there is no protected system under the Protocol that would apply to
CCAMLR Ecosystem Monitoring Program (CEMP) sites. A reference related
to specially protected areas regulated under the ACA is also updated.
4. Update to Contact Information for Reporting Violations of CCAMLR
Conservation Measures
In 50 CFR 300.115, NMFS is proposing amendments that would update
contact information for reporting any violations of CCAMLR conservation
measures observed in the Convention Area.
Classification
This proposed rule is published under the authority of the
Antarctic Marine Living Resources Convention Act of 1984 (16 U.S.C.
2431 et seq.) and the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.). The NMFS Assistant
Administrator has determined that this proposed action is consistent
with the provisions of these and other applicable laws, subject to
further consideration after any relevant public comment.
Executive Order 12866
This rule has been determined to be not significant for purposes of
Executive Order 12866.
Regulatory Flexibility Act (RFA)
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities.
The proposed rule relates to trade of toothfish: Antarctic and
Patagonian toothfish species (Dissostichus mawsoni and D. eleginoides,
respectively). There are approximately 80 dealers who could fall within
the scope of NMFS's AMLRCA regulations. All U.S. dealers are considered
small entities under the ``Small Business Size Regulations''
established by the SBA under 13 CFR 121.201. Although all regulated
entities are considered small under the SBA size standard, this rule is
expected to have no significant economic impact on these regulated
entities.
The proposed changes would amend the circumstances when NMFS will
deny a preapproval certificate for importation of frozen Dissostichus
species, to include the following additional circumstances, consistent
with section 307(1)(Q) of the Magnuson-Stevens Fishery Conservation and
Management Act: determined to have been taken, possessed, transported
or sold in violation of:
any foreign law or regulation; or
any treaty within the meaning of section 2 of article II
of the U.S. Constitution.
[[Page 29046]]
In addition, NMFS proposes that it will not issue a preapproval
certificate for any shipment of frozen Dissostichus species determined
to have been taken, possessed, transported or sold in contravention of
any binding conservation measure adopted by an international agreement
or organization to which the United States is a party.
These changes are not expected to have any economic impacts on
dealers of Antarctic marine living resources (AMLR) product. These
additional circumstances in which NMFS will deny a preapproval
certificate would not require importers to change anything they
currently do to apply for a preapproval certificate. Similarly, the
addition of the same criteria for denying a DRED or DED is not expected
to have any economic impacts on dealers of AMLR product and would not
require exporters to do anything differently when re-exporting or
exporting toothfish species. By providing additional circumstances in
which NMFS will deny a preapproval certificate, DRED, or DED these
proposed amendments will ensure that such documents are not issued for
trade that would be prohibited under other existing federal law (e.g.,
Section 307(1)(Q) of Magnuson-Stevens Fishery Conservation and
Management Act, Lacey Act, 16 U.S.C. 3372(a)). As this proposed change
does not affect compliance costs or add any regulatory burden, AMLR
dealers would not incur additional economic costs.
The proposed change to remove the import prohibition of
Dissostichus species harvested in FAO Statistical Areas 51 and 57 (in
the Indian Ocean) would allow AMLR dealers an additional potential
source of toothfish for import into the United States. Toothfish
imports from these dealers average 14 million kilograms per year and
are valued at $225 million per year. Toothfish is considered a luxury
product due to its high market price (according to the industry source
Urner Barry, the average market price for processed toothfish has
ranged from $18 to $20 per pound since 2019, with more recent pricing
on the upper end of that scale). The increased sourcing options for
dealers of toothfish, in addition to the existing available sources,
expands dealer access to product. This additional source of product may
increase options for small entities to seek more competitive prices and
increase profits from this high end product.
The other proposed changes in this rule: clarifying that an
electronically-generated DRED or DED must be received before re-
exporting or exporting shipments of Dissostichus species; updating
language by removing ``in writing'' in preapproval certificate
application provisions; updating references to the Antarctic
Conservation Act (ACA); and revising contact information are
administrative in nature and not expected to economically impact
dealers engaged in the import, re-export, and export of toothfish. The
clarification of the requirement to receive the DRED or DED prior to
re-exporting or exporting shipments of toothfish would not impact
dealers of toothfish because this requirement already exists and
dealers already have to comply with it. NMFS is clarifying the
requirement to prevent any possible confusion. The remaining proposed
changes listed here would not affect dealers of toothfish.
For the above reasons, this proposed rule is not expected to have a
significant economic impact on a substantial number of small entities.
As a result, a regulatory flexibility analysis was not prepared.
Paperwork Reduction Act
This proposed rule contains no new or revised collection-of-
information requirements subject to the Paperwork Reduction Act. The
proposed regulatory text changes do not affect the previously approved
public reporting burden for this information collection.
List of Subjects in 50 CFR Part 300
Antarctica, Antarctic marine living resources, Catch documentation
scheme, Fisheries, Fishing, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: April 26, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 300 as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
Subpart G--Antarctic Marine Living Resources
0
1. The authority citation for part 300, subpart G is revised to read as
follows:
Authority: 16 U.S.C. 2431 et seq., 31 U.S.C. 9701 et seq., 16
U.S.C. 1801 et seq.
0
2. Amend Sec. 300.101 by removing the definition for National Seafood
Inspection Laboratory and revising the definition for ACA to read as
follows:
Sec. 300.101 Definitions.
* * * * *
ACA means the Antarctic Conservation Act, 16 U.S.C. 2401, et seq.,
as amended.
* * * * *
0
3. Revise Sec. 300.102 (b) to read as follows:
Sec. 300.102 Relationship to other treaties, conventions, laws, and
regulations.
* * * * *
(b) The ACA implements the Protocol on Environmental Protection to
the Antarctic Treaty. The ACA and its implementing regulations
(including, but not limited to, 45 CFR part 670) apply to certain
defined activities of U.S. citizens south of 60[deg] S lat.
* * * * *
0
4. Amend Sec. 300.105 by revising paragraphs (b), (g)(1) and (2), and
(h) to read as follows:
Sec. 300.105 Preapproval for importation of frozen Dissostichus
species.
* * * * *
(b) Application. Applications for a preapproval certificate are
available from NMFS. With the exception of the U.S. Customs 7501 entry
number, a complete and accurate application must be received by NMFS
for each preapproval certificate at least 10 working days before the
anticipated date of the importation. Dealers must supply the U.S.
Customs 7501 entry number at least three working days prior to the
expected arrival of a shipment of frozen Dissostichus species at a U.S.
port.
* * * * *
(g) * * *
(1) For pending preapproval certificates, applicants must report to
NMFS any changes in the information submitted in their preapproval
certificate applications. NMFS may extend the processing period for the
application as necessary to review and consider any changes.
(2) For issued preapproval certificates, the certificate holder
must report to NMFS any changes to information included in the
preapproval certificate application. Any changes related to fish being
imported, such as harvesting vessel or country of origin, type and
quantity of the fish to be imported, or statistical subarea from which
the resource was harvested, will void the preapproval certificate and
the shipment may not be imported unless authorized by NMFS through
issuance of a revised or new preapproval certificate.
* * * * *
(h) * * *
(1) Determined to have been harvested or transshipped in
contravention of any CCAMLR Conservation Measure in force at the time
of harvest or transshipment;
[[Page 29047]]
(2) Determined to have been taken, possessed, transported, or sold
in violation of any foreign law or regulation or international
agreement which is a treaty within the meaning of section II of article
II of the U.S. Constitution;
(3) Determined to have been taken, possessed, transported or sold
in contravention of any binding conservation measure adopted by an
international agreement or organization to which the United States is a
party;
(4) Determined to have been harvested or transshipped by a vessel
identified by CCAMLR as having engaged in illegal, unreported and
unregulated (IUU) fishing; or
(5) Accompanied by inaccurate, incomplete, invalid, or improperly
validated CDS documentation or by a SVDCD.
0
5. In Sec. 300.106, revise paragraph (f)(1)(ii), add paragraph (f)(3),
revise paragraph (g)(1)(ii), and add paragraph (g)(3). The revisions
and additions read as follows:
Sec. 300.106 Catch Documentation Scheme (CDS): Documentation and
other requirements.
* * * * *
(f) * * *
(1) * * *
(ii) Obtain validation by a responsible official(s) designated by
NMFS and receive an electronically-generated DRED before re-exporting
shipments of Dissostichus species.
* * * * *
(3) A DRED will not be issued for any shipment of Dissostichus
species:
(i) Determined to have been harvested or transshipped in
contravention of any CCAMLR Conservation Measure in force at the time
of harvest or transshipment;
(ii) Determined to have been taken, possessed, transported, or sold
in violation of any foreign law or regulation or international
agreement which is a treaty within the meaning of section II of article
II of the U.S. Constitution;
(iii) Determined to have been taken, possessed, transported or sold
in contravention of any binding conservation measure adopted by an
international agreement or organization to which the United States is a
party;
(iv) Determined to have been harvested or transshipped by a vessel
identified by CCAMLR as having engaged in illegal, unreported and
unregulated (IUU) fishing;
(v) Accompanied by inaccurate, incomplete, invalid, or improperly
validated CDS documentation; or
(vi) Imported in violation of AMLRCA or this subpart.
(g) * * *
(1) * * *
(ii) Obtain validation by a responsible official(s) designated by
NMFS and receive an electronically-generated DED before exporting
shipments of Dissostichus species.
* * * * *
(3) A DED will not be issued for any shipment of Dissostichus
species:
(i) Determined to have been harvested or transshipped in
contravention of a CCAMLR Conservation Measure, AMLRCA, or this
subpart;
(ii) Determined to have been taken, possessed, transported or sold
in violation of any foreign law or regulation or international
agreement which is a treaty within the meaning of section II of article
II of the U.S. Constitution;
(iii) Determined to have been taken, possessed, transported or sold
in contravention of any binding conservation measure adopted by an
international agreement or organization to which the United States is a
party;
(iv) Determined to have been harvested or transshipped by a vessel
identified by CCAMLR as having engaged in illegal, unreported and
unregulated (IUU) fishing; or
(v) Accompanied by inaccurate, incomplete, invalid, or improperly
validated CDS documentation.
* * * * *
0
6. In Sec. 300.113, revise paragraphs (a)(2), (c)(1), and (l) to read
as follows:
Sec. 300.113 CCAMLR Ecosystem Monitoring Program sites.
(a) * * *
(2) If a CEMP site is also an area specially protected under the
Antarctic Treaty (such as the sites listed in 45 CFR 670.29(a)), an
applicant seeking to enter such site must apply to the Director of the
NSF for a permit under applicable provisions of the ACA or any
superseding legislation. The permit granted by NSF shall constitute a
joint CEMP/ACA Protected Site permit and any person holding such a
permit must comply with the appropriate CEMP site management plan. In
all other cases, an applicant seeking a permit to enter a CEMP site
must apply to the Assistant Administrator for a CEMP permit in
accordance with the provisions of this section.
* * * * *
(c) * * *
(1) The Antarctic Treaty as implemented by the ACA and any
superseding legislation. (Persons interested in conducting activities
subject to the Antarctic Treaty should contact the Office of Polar
Programs, NSF).
* * * * *
(l) Protected areas. Specially protected areas designated under the
Antarctic Treaty and regulated under the ACA are listed at 45 CFR
670.29(a). See also: https://www.ats.aq/e/protected.html.
0
7. Amend Sec. 300.114 by revising paragraph (o) to read as follows:
Sec. 300.114 Prohibitions.
* * * * *
(o) Import, export or re-export Dissostichus spp. that were:
(1) Harvested or transshipped in contravention of a CCAMLR
Conservation Measure, AMLRCA, or this subpart;
(2) Taken, possessed, transported or sold in violation of:
(i) Any foreign law or regulation or
(ii) Any international agreement which is a treaty within the
meaning of section II of article II of the Constitution;
(3) Taken, possessed, transported or sold in contravention of any
binding conservation measure adopted by an international agreement or
organization to which the United States is a party;
(4) Harvested or transshipped by a vessel identified by CCAMLR as
having engaged in illegal, unreported and unregulated (IUU) fishing, or
(5) Unaccompanied by CDS documentation, accompanied by inaccurate,
incomplete, invalid, or improperly validated CDS documentation or
accompanied by a SVDCD.
* * * * *
0
8. In Sec. 300.115, revise paragraph (b) to read as follows:
Sec. 300.115 Facilitation of enforcement and inspection.
* * * * *
(b) Reports by non-inspectors. All scientists, fishermen, and other
non-inspectors present in the Convention Area and subject to the
jurisdiction of the United States are encouraged to report any
violation of CCAMLR conservation measures observed in the Convention
Area to the Office of Ocean and Polar Affairs (CCAMLR Violations),
Department of State, Room 2665, Washington, DC 20520,
[email protected], and the NMFS Office of International Affairs,
Trade, and Commerce, https://www.fisheries.noaa.gov/about/office-international-affairs-trade-and-commerce.
* * * * *
[FR Doc. 2023-09214 Filed 5-4-23; 8:45 am]
BILLING CODE 3510-22-P